DeLoach v. Whitney

Ness, Justice:

This is a strict liability in tort case. Respondent Hardy DeLoach brought suit against appellant Elmer Harry Whitney, Jr. doing business as Whitney’s Tire Company for per sonal injuries he received when the valve stem on the front right tire ruptured and he lost control of his car. The trial court denied appellant’s motion for a direct verdict on the issue of strict liability. This was erroneous.

The sole issue submitted to the jury was whether the appellant was liable under strict liability for failing to install a new valve stem or not warning respondent of the deteriorated…